Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26748 of 2019 Applicant :- Vishal Agrawal Opposite Party :- Union Of India Through Assistant Commissioner Customs (Preventive) Division Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- B.K.Singh Raghuvanshi
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite parties and perused the record.
The present bail application has been filed by the applicant in case crime No. NIL of 2019, under Section 135 Custom Act, P.S. Custom Varanasi, District Varanasi with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that no recovery has been made from the applicant and that he has been falsely implicated in this case. It was submitted that alleged recovery has been made from co-accused Vineet Agrawal. It was further submitted that in view of the value of recovered gold, the offence in question is bailable offence. It has been lastly argued that the applicant is languishing in jail since 01.04.2019 having no criminal history and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned counsel for the opposite parties has opposed the prayer for bail, however it has not been disputed that the alleged recovery of one kg. gold bar has effected from co-accused Vineet Agrawal.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Vishal Agrawal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 A. Tripathi